This clause 1 defines certain terms used in this agreement. Other terms are defined elsewhere in this agreement.
While, and only while, this agreement is in effect, we must supply the Service to you, and must do so in accordance with the terms of this agreement.
We are not obliged to refund or credit any Fees or Charges unless failing to do so would be contrary to law.
You consent to, and relinquish all right, title and interest you may have in any right, action or remedy against us for, infringement of any moral rights in your Photographs or Member Content, except to the extent that we falsely attribute authorship of your Photographs or Member Content. You warrant that any other person who has Moral Rights in relation to your Photographs or Member Content gives the same consent and waiver.
Among other things, if you operate any botnet where a hostname is used as command and control points, we may direct the relevant hostname to a honeypot, loopback address, logging facility or any other destination.
Each of the obligations below is to be read on as a stand-alone obligation without limiting any other obligation. You must not use the Service for the purpose or with the effect of:
In addition to and without limiting any warranty you give elsewhere in this agreement, you continuously warrant that:
You indemnify us against any loss suffered by us:
Subject to clause 7.3 (safe harbor for Photographs), but otherwise despite any other provision of this agreement, if:
we may do any or all of the following, with immediate effect and without notice to you:
For so long as your account is disabled or suspended, our supply to you of the Service will cease. When our supply to you of the Service ceases, you will be unable to access your account or any Account Data, Member Content or Photographs.
This agreement commences when you become a Member and continues indefinitely until terminated.
By creating an account with Fotomerchant, you accept our offer to supply the Service to you on the terms of this agreement and thereby enter into this agreement.
In this agreement, unless expressly to the contrary and as appropriate in the context:
If we are required to give written notice to you under this agreement, we may do so by any reasonable means, including by email or by posting a notice on your Fotomerchant account that you will only see next time you log into that account.